Division 7A - Franking implications

Introduction

In general, amounts treated as dividends under Division 7A are not frankable, even though they are taken to be paid out of the private company's profits. Where amounts are treated as deemed dividends, a private company cannot allocate a franking credit to the dividend and recipient is not entitled to a tax offset in relation to the dividend.

A franking account is an account that a corporate tax entity (for example, a company) maintains to keep a record of the income tax credits (known as franking credits) that it can pass on to its shareholders.

A franking credit arises in the franking account when a corporate tax entity makes a payment of a pay as you go(PAYG) instalment or income tax, receives a franked distribution (directly or indirectly) or incurs a liability to pay franking deficit tax. A franking debit arises in the franking account in various circumstances, including where a corporate tax entity receives a refund of income tax or makes a franked distribution.

Some exclusions may apply to Division 7A amounts incurred

Where an amount treated as a dividend under Division 7A arose because of an honest mistake or inadvertent omission, the Commissioner of Taxation may exercise a discretion to allow the relevant private company to frank the deemed dividend. Where the Commissioner exercises the discretion and the private company franks the deemed dividend, the private company's franking account will be debited as if it had franked an ordinary distribution.

Set off of subsequent dividends

If an amount treated under Division 7A as a dividend paid to you by a private company is wholly or partly set off by a subsequent dividend the company pays you, the lesser of the following is not treated as a dividend:

the unfranked amount of the subsequent dividend

the amount that is set off.

The balance (if any) of the subsequent dividend is still a dividend, so you retain any franking credits allocated to it.

In the income year ended 30 June 2012, Rossi Pty Ltd makes a loan of $1,000 to Alana, a shareholder of Rossi Pty Ltd. This is treated as a dividend paid to Alana on 30 June 2012 under Division 7A. In the income year ended 30 June 2013, Rossi Pty Ltd distributes an unfranked dividend (the subsequent dividend) of $1,000 to Alana which is set off against her $1,000 loan. Alana had not made any repayments of the loan.

The effect of the set off is that no amount of the subsequent dividend of $1,000 is treated as a dividend. Accordingly, Alana is not required to include the subsequent unfranked dividend in her 2013 tax return.

End of example

Example 2

Assume the same facts as in Example 1 except that the subsequent dividend is a frankable distribution with a franking percentage of 35%.

The effect of the set off is that the unfranked amount of the subsequent dividend (that is, $650) is not treated as a dividend and is not included in Alana's 2013 tax return. The franked amount of $350 is included in her assessable income along with the franking credit allocated to the dividend of $150 (calculated as $1,000 30/70 35%). Alana is also entitled to a tax offset of $150.

End of example

More information

If you need further assistance with Division 7A, you can:

speak to your tax adviser

phone 13 72 86 (tax practitioners only)

phone 13 28 66

write to us at PO Box 3000, Penrith NSW 2740.

If you do not speak English well and want to talk to a tax officer, phone the Translating and Interpreting Service on 13 14 50 for help with your call.

If you have a hearing or speech impairment and have access to appropriate TTY or modem equipment, phone 13 36 77. If you do not have access to TTY or modem equipment, phone the Speech to Speech Relay Service on 1300 555 727.

Franking implications where private companies are treated as paying dividends to shareholders and shareholders' associates under Division 7A of Part III of the Income Tax Assessment Act 1936.

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